Advocate Saurabh Paul

Questions Answered by Advocate Saurabh Paul

Q: Cheque Bounce due to insufficient of fund

I have issued a cheque for some consideration but due to lack of agreement, contract have not bind as per Indian contract act 1872. Further we have unable to continue that agreement. In all the situation party want to clear cheque but we have not maintained own account balance so that such cheque have bounce. Afterwards party have claim of amount as per negotiable instrument act due to cheque bounce.Respected sir Please guide how can we have protect our self

Advocate Saurabh Paul answered
you can challenge that case in the high court and through which you will get the benefit for your case and in that you have to file an affidavit in which you have to explain all your issues and you will definately get the benefit from the high court on this matter.

Q: Someone take money from my mom and now he is not returning it

Someone was taken money from my mom in credit and said that he will return it in some months but now he is not returning it,he was given us 2 cheques but both bounced and cheque date is over(even 3 months is over after the cheque date),so now anything i can do? if yes what should i do plz guide me,plz reply me in my email.

Advocate Saurabh Paul answered
yes u can file a report under negotiable instrument act for cheque bounce and through this action will be taken against him and u will get ur money back and you can also claim interest for your money and u can get help for this from the high court as well

Q: If people Named innocent in FIR without any evidence or proof

If a innocent's named in fir for murder case how can he remove his name from fir and case

Advocate Saurabh Paul answered
Have to file and application for quashing of the fir in the high court and have to explain to the court with valid arguments that your name has been falsely added in the fir so you have to file a application under sec 482 for the quashing of the fir

Q: Liability of a passive partner if active partner in a partnership firm

I have partnership firm. It is from last 1 year, but no transaction done. No account in any bank. I am passive partner. We have certificate that we have put in our office. My partner was doing his business but from his personal account. All transaction he done from his account only. My partner taken some loan individually from some people by giving his personal cheques only. He used name of the firm that we have this firm and running our business. But no document of sign. He taken loan based on his cheques he given to these person. Is there any liability on me? I got call from someone that we are filing a case with my partners cheques and mentioning that he was doing business with this firm. Please suggest

Advocate Saurabh Paul answered
Either you are a passive or active partner you r a part of a firm even though your role is not on records but when someone files a case and make your firm as a party then liability comes to all the members of the firm even later on you can explain then detail of the facts which will in your favour but these procedings will take u as a party for the member of the firm not individually its not going to affect u much.

Q: Termination on the ground of fraud when it was just a mistake

I was working as an officer in a nationalised bank...I committed a mistake of debiting P/L account & credited my account. The money involved is Rs.1.14 lakh and I was terminated from service. Later on, recovery of Rs.1.16 lakh was done from my account. my intention was not of fraud. I just want to ask is it justified to terminate me for Rs.1.14 lakh. I'm 31 yrs old, I have a lot of family responsibilities. Due to 31, I'm not able to apply for any govt. & most of pvt. job also.

Advocate Saurabh Paul answered
U can get the remedy from the high court by challenging your termination order and specifying the every details facts through which the error caused by you and you have to place every documents on record so that you can show you r not doing fraud and even the amount has been given back .You can get your job back by challenging your termination order .